Health and Social Care Act 2012 (c. 7)

PART 9 E+W Health and adult social care services: information

CHAPTER 2 E+W [F1 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.]

Textual Amendments

F1 Pt. 9 Ch. 2 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(2) (with reg. 3)

Modifications etc. (not altering text)

C1 Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

F2 ... General duties E+W

Textual Amendments

F2 Words in s. 252 cross-heading omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(3) (with reg. 3)

F3 252 The Health and Social Care Information Centre E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 252 omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(4) (with reg. 3)

253 [F4 NHS England data functions: general] E+W

(1) [F5 NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—]

(a) the information standards published by the Secretary of State or [F6 NHS England] under section 250,

(b) such guidance issued by the Secretary of State as the Secretary of State may require,

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (ca) the need to respect and promote the privacy of recipients of health services and of adult social care in England,] F9 ...

[F10 (cb) the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,]

(d) the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England [F11 , and

(e) the need to balance the needs mentioned in this subsection against one another, so far as they compete.]

[F12 (2) NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.]

F13 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Chapter—

• “adult social care”—

  (a)

  includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but

  (b)

  does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;

• “health services” means services which must or may be provided as part of the health service in England.

Textual Amendments

F4 S. 253 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(a) (with reg. 3)

F5 Words in s. 253(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(b)(i) (with reg. 3)

F6 Words in s. 253 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7 S. 253(1)(c) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(b)(ii) (with reg. 3)

F8 S. 253(1)(ca) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(2), 127(1); S.I. 2014/1714, art. 3(2)(d)

F9 Word in s. 253(1)(ca) omitted (1.10.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 97(2)(a), 186(6); S.I. 2022/1003, reg. 2(a)

F10 S. 253(1)(cb) inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(b), 186(6); S.I. 2022/1003, reg. 2(a)

F11 S. 253(1)(e) and word inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(c), 186(6); S.I. 2022/1003, reg. 2(a)

F12 S. 253(2) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(c) (with reg. 3)

F13 S. 253(2A) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(d) (with reg. 3)

Commencement Information

I1 S. 253 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)